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UC-NRLF 


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GIFT  OF 


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Primary  Election 


AND 


Election   Expense  Laws 


Passed  by 
THIRTY-SECOND  GENERAL  ASSEMBLY 


Published  by  W.  C.  HAYWARD,  Secretary  of  State 


DES  MOINES: 

BMOBT  H.    BNQLISH,  STATE  PRINTER 

1907 


V'"  r1 


Primary  Election  Law 


SUMMARY 


I.  General  provisions: 
Offices  affected,  Sec.  1. 
Definitfons,  Sees.  2,  3. 
When  and  where  held,  Sec.  4. 

II.  Nomination  papers: 

(a)  Blanks  to  be  furnished,  Sec.  11. 
Who  to  file,  Sec.  10. 

When  and  where  filed.  Sec.  10. 
Requirements  as  to.  Sees.  6,  10. 
By  petition,  Sees  10,  29. 
Notice  published.  Sec.  12. 

(b)  Transmitted   to  County  Auditor, 
Sec.  12. 


III.  Ballots  and  supplies: 
Printing,  Sec.  13. 
Form  of  ballot.  Sec.  14. 
Sample  ballots.  Sec.  15. 
Supplies  and  poll  books.  Sec.  16. 

IV.  Party  affiliation: 

First  declaration.  Sees.  7,  8. 
Record  cf.  Sees.  7.  8. 
Change  of  Declaration,  Sec.  8. 
Declaration  challenged,  Sec.  9. 


V. 

The  election: 

(a)     Judges  and  clerks.  Sees.  5 

,25. 

Australian  ballot.  Sec.  6. 

Polls  open,  Sec.  6. 

Ballots,  Sees.  6,  14,  17. 

Expenses  of.  Sec.  5. 

(b)     Special  elections,  Sec. 

30. 

VI 

.     Canvass  of  votes: 

(a)     By  judges  and  clerks. 

Sees.  6,  17. 

(b)     By  board  of  supervisors, 

Sec.  19, 

Recount,  Sec.  18. 

(c)     By  State  Board,  Sees. 

22, 

23. 

(d)     Tie  vote.  Sec.  24. 

VII.     Conventions: 

County,  Sec.  25. 

District,  Sec.  26. 

State,  Sec.  27. 

VIII.     Party  Committees:   Sees 

1.  22 

,  25,  26, 

27,  28. 

Committeemen,  Sees.  1,  25, 

27, 

31. 

IX 

.    Penalties: 

Misconduct  of  officials;  Sec. 

31. 

Services  for  hire.  Sec.  32. 

Bribery,  Sec.  33. 

X. 

City  elections,  Sec.  35. 

XI, 

.     Acts  repealed.  Sec.  34, 

Chapter  51,  Acts  of  the  Thirty-second  General  Assembly. 

PRIMARY  ELECTIONS. 
S.  F.  280. 

AN  ACT  providing  for  the  nomination,  by  political  parties,  or  organizations,  of  can- 
didates for  various  offices,  and  the  election  of  delegates  to  conventions  of  said 
political  parties  or  organizations,  and  the  election  of  party  committeemen,  by  a 
primary  election,  and  for  the  holding  of  conventions  by  such  political  parties  or 
organizations,  providing  penalties  for  the  violations  thereof,  and  repealing  chapter 
forty  (40),  laws  of  the  Thirtieth  General  Assembly,  and  chapters  forty-five  (45) 
and  forty-six  (46),  laws  of  the  Thirty-first  General  Assembly,  relating  to  primary 
elections. 

Be  it  enacted  hy  the  General  Assembly  of  the  State  of  Iowa: 

Section  1.  Primary  elections  authorized — offices  affected.  That  from  and 
after  the  passage  of  this  act  the  candidates  of  political  parties  for  all  offices 
which  under  the  law  are  filled  by  the  direct  vote  of  the  voters  of  thjg  state 


257147 


at  the  ge6eMr'el6cticfn  in 'November,  (except  candidates  for  the  office  of  judge 
of  the  supreme,  district  and  superior  courts),  for  the  office  of  senator  in  the 
congress  of  the  United  States,  and  for  the  office  of  elector  of  the  president  and 
vice-president  of  the  United  States,  shall  be  nominated  by  a  primary  election, 
and  delegates  to  the  county  conventions  of  said  political  parties  or  organiza- 
tions and  party  county  committeemen  shall  be  elected  at  said  primary  elec- 
tion, at  the  times  and  in  the  manner  hereinafter  provided.  The  provisions 
of  chapters  three  (3)  and  four  (4),  title  six  (6),  and  chapter  eight  (8),  title 
twenty-four  (24),  of  the  code,  shall  apply  so  far  as  applicable  to  all  such 
primary  elections,  the  same  as  general  elections,  except  as  hereinafter  pro- 
vided. The  vote  upon  candidates  for  the  office  of  senator  in  the  congress  of 
the  United  States  shall  be  for  the  sole  purpose  of  ascertaining  the  sentiment 
of  the  voters  in  the  respective  parties. 

Sec.  2.  Primary  election  defined.  The  term  "primary  election"  as  used 
in  this  act  shall  be  construed  to  apply  to  an  election  by  the  members  of  vari- 
ous political  parties  for  the  purpose  of  placing  in  nomination  candidates  for 
public  office,  for  selecting  delegates  to  conventions,  and  for  the  selection  of 
party  committeemen. 

Sec.  3.  Political  party  defined.  The  title  "political  party"  shall  mean 
a  party  which,  at  the  last  preceding  general  election,  cast  for  its  candidate  for 
governor  at  least  two  per  centum  of  the  total  vote  cast  at  said  election,  pro- 
vided that  such  other  political  organizations  as  may,  under  sections  1098  and 
1099  of  the  code  nominate  and  certify  candidates  and  have  their  names  placed 
upon  the  ballot  for  the  November  election,  shall  have  the  right  so  to  do  in 
the  manner  and  under  the  conditions  therein  prescribed. 

Sec.  4,  When  held.  The  primary  election  herein  provided  for  shall  con- 
sist of  an  election  by  all  political  parties  and  shall  be  held  at  the  usual  voting 
places  of  the  several  precincts  on  the  first  Tuesday  after  the  first  Monday  in 
June,  in  the  year  nineteen  hundred  eight,  and  biennially  thereafter,  for 
the  nomination  of  candidates  for  such  offices  as  are  to  be  filled  at  the  general 
election  in  November  next  ensuing,  (except  candidates  for  the  office  of  judge 
of  the  supreme,  district  and  superior  courts),  for  senator  in  the  congress  of 
the  United  States  in  the  next  year  preceding  the  filling  of  that  office  by  the 
general  assembly,  and  for  the  electors  of  the  president  and  vice-president  of 
the  United  States,  in  the  year  in  which  a  president  and  vice-president  are  to 
be  elected. 

Sec.  5.  Judges  and  clerks — ^how  selected — oath — expenses.  The  judges 
and  clerks  of  all  primary  elections  under  this  act  shall  be  made  up  and  selected 
and  appointed  in  the  same  manner  as  for  the  general  election  held  in  Novem- 
ber, and  they  shall  take  the  same  oath  and  the  judges  are  hereby  authorized 
to  administer  oaths  as  hereinafter  provided.  Vacancies  shall  be  filled  as  pro- 
vided for  the  judges  and  clerks  of  the  general  election,  and  their  compensa- 
tion shall  be  the  same.  The  expenses  of  said  primary  election  shall  be  paid 
one-half  by  the  county  in  which  the  said  primary  election  is  held,  and  one- 
half  by  the  state.  The  board  of  supervisors  of  each  county  shall  audit  the 
entire  expense  and  certify  the  same  to  the  executive  council,  which  shall  there- 
upon order  a  warrant  for  one-half  the  amount  to  be  delivered  to  the  county, 
which  shall  thereupon  pay  the  entire  amount. 

Sec.  6.  Australian  ballot — polls  open — ballots.  The  Australian  ballot  sys- 
tem as  now  used  in  this  state,  except  as  hereinafter  provided,  shall  be  used 
at  said  primary  election  in  all  precincts.  The  voter  shall  in  all  cases  mark 
the  ballot  in  the  square  before  the  name  of  each  person  for  whom  he  desires 
to  vote.  In  cities  where  registration  is  required  by  law,  the  polls  shall  be 
open  from  7  :00  a.  m.  to  8  :00  p.  m.,  and  in  all  other  precincts  from  1 .00  p.  m.  to 
8 :00  p.  m.  The  elector  voting  at  said  primary  election  shall  be  allowed  to  vote 
for  candidates  for  nomination  on  the  ticket  of  only  one  political  party,  and  that 
shall  be  the  party  with  which  he  is  registered  as  affiliated.    The  endorsement 


— 3— 

of  the  judges  of  election  and  the  fac  simile  of  the  auditor's  signature  shall 
appear  upon  the  ballots  as  provided  by  law  for  the  ballots  used  for  the  No- 
vember election.  The  voter  shall  return  the  ballot  folded  to  one  of  the  judges 
of  election  who  shall  deposit  it  in  the  ballot  box.  If  any  primary  elector  write 
upon  his  ticket  the  name  of  any  person  who  is  a  candidate  for  the  same  office 
upon  some  other  party  ticket  than  that  upon  which  his  name  shall  be  so 
written,  such  ballot  shall  be  so  counted  for  such  person  only  as  a  candidate  of 
the  party  upon  whose  ballot  his  name  is  written,  and  shall  in  no  case  be 
counted  for  such  person  as  a  candidate  upon  any  other  ticket.  In  case  the 
person  is  nominated  upon  more  than  one  ticket,  he  shall  forthwith  file  with 
the  proper  officer  a  written  declaration  indicating  the  party  designation  un- 
der which  his  name  is  to  be  printed  on  the  official  ballot  for  the  general  elec- 
tion following  such  primary  election. 

Sec.  7.  First  declaration  of  party  affiliation — record.  At  the  primary 
election  to  be  held  in  June  in  the  year  nineteen  hundred  eight  any  person 
shall  be  entitled  to  participate  therein  who  is  a  qualified  elector  in  such  pre- 
cinct at  the  time  of  said  primary  election,  and  when  the  voter  seeks  to  pass 
the  guard-rail  he  shall  indicate  the  party  ballot  he  desires  and  one  of  the 
judges  of  the  primary  election  board  shall  give  him  such  primary  ballot, 
(unless  challenged,  and  if  so  challenged,  then  only  in  the  event  that  the  chal- 
lenge is  determined  in  favor  of  the  voter),  and  such  person  shall  thereupon 
be  allowed  to  vote.  The  voter's  selection  shall  constitute  his  declaration  of 
party  affiliation,  and  it  shall  be  the  duty  of  the  primary  election  board  to 
record  his  name  and  check  his  declaration  of  party  affiliation  on  the  poll 
books  used  by  the  clerks  of  the  primary  election  board,  and  said  list  properly 
certified  to  by  said  primary  election  board  shall  be  returned  to  the  county 
auditor  for  preservation.  Copies  of  the  names  and  party  entries  on  such  list 
together  with  the  changes  of  party  affiliation  as  hereinafter  provided,  ar- 
ranged alphabetically  by  surnames,  shall  be  used  at  subsequent  primaries  for 
determining  with  what  party  the  voter  has  been  enrolled,  and  no  voter  en- 
rolled under  the  provisions  of  this  act  shall  be  allowed  to  receive  the  ballot 
of  any  political  party  except  that  with  which  he  is  enrolled,  but  he  may  change 
his  enrollment  as  hereinafter  provided.  The  county  auditor  shall  prepare  for 
each  voting  precinct  two  of  the  above  mentioned  lists  duly  certified  by  him, 
and  taken  from  the  poll  books  of  the  last  preceding  primary  election,  which 
he  shall  deliver  to  the  succeeding  primary  election  boards  in  the  year  nineteen 
hundred  ten  and  biennially  thereafter,  at  least  one  day  prior  to  the  day 
of  the  primary  election,  and  which  list  together  with  the  poll  books  of  the 
primary  election  shall  be  returned  to  the  said  auditor  in  good  condition  within 
twenty-four  hours  after  the  primary  election,  to  be  preserved  by  him. 

Sec.  8.  Change  of  affiliation — first  voter — ^removal.  Any  person  who  has 
thus  declared  his  party  affiliation  shall  thereafter  be  listed  on  the  poll  books 
as  a  member  of  that  political  party,  and  such  person  while  a  resident  of  the 
same  voting  precinct  need  not  declare  his  party  affiliation  at  succeeding  pri- 
mary elections  unless  he  desires  to  change  his  party  affiliation.  Any  elector, 
who,  having  declared  his  party  affiliation,  desires  to  change  the  same,  may, 
not  less  than  ten  days  prior  to  the  date  of  any  primary  election,  file  a  written 
declaration  with  the  county  auditor  stating  his  change  of  party  affiliation,  and 
the  auditor  shall  enter  a  record  of  such  change  on  the  poll  books  of  the  last 
preceding  primary  election  in  the  proper  column  opposite  the  voter's  name 
and  on  the  voting  list.  Any  elector  whose  party  affiliation  has  for  any  reason 
not  been  registered  or  any  elector  who  has  changed  his  residence  to  another 
precinct,  or  a  first  voter  or  citizen  of  this  state  casting  his  first  vote  in  this 
state  shall  be  entitled  to  vote  at  any  subsequent  primary  election  in  the  same 
manner  and  upon  the  same  terms  as  provided  in  section  seven  (7)  of  this 
act,  and  the  clerks  of  the  primary  election  shall  record  his  party  affiliation 
and  the  county  auditor  shall  add  his  name  to  the  alphabetical  lists  for  use  in 


subsequent  primary  elecfions  as 'provided  for  in  section  seven  (7)  of  this  act. 

Sec.  9.  Challengers— affidavit.  Each  political  party  shall  be  entitled  to 
have  two  party  challengers  present  at  each  polling  place,  to  be  appointed  by 
the  respective  party  committeemen.  Any  judge  or  clerk  of  the  primary  elec- 
tion or  any  party  challenger  may  challenge  any  voter  upon  the  grounds  men- 
tioned in  section  eleven  hundred  fifteen  (1115)  of  the  code  and  such  chal- 
lenge shall  be  determined  as  there  provided.  Any  elector  whose  party  affilia- 
tion has  been  recorded  as  provided  by  this  act  and  who  desires  to  change  his 
party  affiliation  on  the  primary  election  day,  shall  be  subject  to  challenge.  If 
the  person  challenged  insists  that  he  is  entitled  to  vote  the  ticket  of  the  po- 
litical party  to  which  he  has  transferred  his  political  affiliation  and  the  chal- 
lenge is  not  withdrawn,  one  of  the  judges  shall  tender  to  him  the  following 
oath:     "You  do  solemnly  swear    (or  affirm)   that  you  have  in  good  faith 

changed  your  party  affiliation  to  and  desire  to  be  a  member  of  the 

party."  And  if  he  take  such  oath  he  shall  thereupon  be  given  a  ticket  of 
such  political  party  and  the  clerks  of  the  primary  election  shall  change  his 
enrollment  of  party  affiliation  accordingly. 

Sec.  10.  Nomination  papers — candidates — affidavit.  No  candidate  for  an 
elective  county  office  shall  have  his  name  printed  upon  the  official  primary 
ballot  of  his  party  unless  at  least  thirty  days  prior  to  the  day  fixed  for  hold- 
ing the  primary  election  a  nomination  paper  shall  have  been  filed  in  his  be- 
half in  the  office  of  the  county  auditor;  and  no  candidate  for  nomination  for 
an  elective  state  office,  or  for  representative  in  the  congress  of  the  United 
States,  or  member  of  the  general  assembly,  shall  have  his  name  printed  upon 
the  official  primary  ballot  of  his  party  unless  at  least  forty  days  prior  to  such 
primary  election  a  nomination  paper  shall  have  been  filed  in  his  behalf  in  the 
office  of  the  secretary  of  state ;  and  no  member  of  a  political  party  desiring  or 
intending  to  be  a  candidate  for  the  office  of  senator  in  the  congress  of  the 
United  States,  or  a  candidate  for  the  office  of  elector  of  the  president  and 
vice-president  of  the  United  States,  shall  have  his  name  printed  upon  the 
official  primary  ballot  of  his  party  in  any  election  precinct  unless  at  least 
forty  days  prior  to  such  priihary  election  a  nomination  paper  shall  have  been 
filed  in  his  behalf  in  the  office  of  the  secretary  of  state.  A  candidate  for  an 
office  to  be  filled  by  the  voters  of  any  sub-division  of  a  county  shall  not  be 
required  to  file  any  nomination  paper  or  papers.  All  nomination  papers 
shall  be  in  substantially  the  following  form: 

"I,  the  undersigned,  a  qualified  elector  of   county,   and  state 

of  Iowa,  and  a  member  of  the   party,  hereby  nominate 

of county,  state  of  Iowa,  who  has  affiliated  with  and  is  a  mem- 
ber of  the party,  as  a  candidate  for  the  office  of to  be  voted 

for  at  the  primary  election  to  be  held  in  June,  19. .. .",  and  shall  consist  of 
sheets  of  uniform  size  about  8%  by  13  inches.  No  signatures  shall  be  count- 
ed unless  they  are  on  sheets  each  having  such  form  written  or  printed  at  the 
top  thereof.  Each  signer  of  a  nomination  paper  shall  sign  but  one  such  nomi- 
nation paper  for  the  same  office,  except  where  more  than  one  officer  is  to 
be  elected  to  the  same  office,  in  which  case  he  may  sign  as  many  nomination 
papers  as  there  are  officers  to  be  elected,  and  only  one  candidate  shall  be  pe- 
titioned for  or  nominated  in  the  same  nomination  paper.  Each  signer  of  a 
nomination  paper  shall  add  his  residence  with  street  and  number,  if  any, 
and  the  date  of  signing.  For  all  nominations,  all  signers  of  each  separate 
part  of  a  nomination  paper  shall  reside  in  the  same  county.  When  more 
than  any  sheet  is  used  for  any  nomination  paper,  the  sheets  shall  be  laid  one 
upon  the  other  and  neatly,  evenly,  and  securely  fastened  together  before  filing, 
and  shall  be  considered  as  one  nomination  paper  only.  A  nomination  paper, 
when  filed,  shall  not  be  withdrawn  nor  added  to,  nor  any  signature  thereon 
revoked.  The  affidavit  of  a  qualified  elector  shall  be  appended  to  each  such 
nomination  paper,  or  papers,  if  more  than  one  for  any  candidate,  stating 


that  he  is  personally  acquainted  with  all  the  persons  who  have  signed  the 
same;  that  he  knows  them  to  be  electors  of  that  county  and  believes  them 
to  be  affiliated  with  the  party  named  therein ;  that  he  knows  that  they  signed 
the  same  with  full  knowledge  of  the  contents  thereof ;  that  their  respective 
residences  are  truly  stated  therein;  and  that  each  signer  signed  the  same  on 
the  date  stated  opposite  his  name,  but  such  affidavit  shall  not  be  made  by  the 
candidate.  Each  and  every  candidate  shall  make  and  file  his  affidavit  stating 
that  he  is  eligible  to  the  office  for  the  township,  county,  district  or  state  in  which 
he  is  and  will  be  a  bona  fide  candidate  for  nomination  for  said  office,  and 
shall  file  such  affidavit  with  the  said  nomination  paper  or  papers,  when  such 
paper  or  papers  are  required.  If  no  such  paper  or  papers  are  required,  then 
he  shall  file  such  affidavit  alone,  with  the  county  auditor,  at  least  thirty  days 
prior  to  such  primary  election,  and  the  filing  of  such  affidavit  shall  entitle 
such  candidate  to  have  his  name  printed  on  the  official  primary  ballot  of  his 
party.     Such  affidavit  shall  be  in  form  and  substance  as  follows: 

"I, being  duly  sworn,  say  that  I  reside  at street,  (city 

or  town)  of county  of in  the  state  of  Iowa;  that  I  am 

eligible  to  the  office  for  which  I  am  a  candidate,  and  that  the  political  party 

with  which  I  affiliate  is  the  party ;  that  I  am  a  and 

a  candidate  for  nomination  to  the  office  of to  be  made  at  the  pri- 
mary election  to  be  held  in  June,  19 ,  and  hereby  request  that  my  name  be 

printed  upon  the  official  primary  ballot  as  provided  by  law,  as  a  candidate  of 

the   party.     I  furthermore  declare  that  if  I  am  nominated  and 

elected  I  will  qualify  as  such  officer. 

(Signed)  

Subscribed  and  sworn  to  (or  affirmed)  before  me by on 

this day  of ,19 


The  nomination  papers  above  required  shall  be  signed  as  follows: 

(1).  If  for  a  state  office.  United  States  senator,  or  elector  at  large,  by  at 
least  one  per  centum  of  the  voters  of  the  party  (as  shown  by  the  returns  of 
the  last  general  election)  of  such  candidates,  in  each  of  at  least  ten  counties  of 
the  state,  and  in  the  aggregate  not  less  than  one-half  of  one  per  centum  of  the 
total  vote  of  his  party  in  the  state,  as  shown  by  the  last  general  election. 

(2).  If  for  a  representative  in  congress,  district  elector,  or  senator  in  the 
general  assembly  in  districts  composed  of  more  than  one  county,  by  at  least  two 
per  centum  of  the  voters  of  his  party,  as  shown  by  the  last  general  election,  in 
at  least  one-haLf  of  the  counties  of  the  district,  and  in  the  aggregate  not  less 
than  one  per  centum  of  the  total  vote  of  his  party  in  such  district,  as  shown 
by  the  last  general  election. 

(3).  If  for  an  office  to  be  filled  by  the  voters  of  the  county,  by  at  least  two 
per  centum  of  the  party  vote  in  the  county,  as  shown  by  the  last  general 
election. 

In  each  of  the  above  cases,  the  vote  to  be  taken  for  the  purpose  of  computing 
the  percentage  shall  be  the  vote  cast  for  the  head  of  the  ticket. 

Sec.  11.  Blank  nomination  papers.  The  secretary  of  state  shall  cause  to  be 
printed  and  keep  on  hand  a  sufficient  quantity  of  nomination  paper  blanks 
in  form  as  provided  for  in  this  act  and  shall  furnish  the  same  on  application  to 
any  qualified  elector  in  the  state  desiring  to  petition  for  the  nomination  of  any 
candidate,  or  to  a  person  who  intends  to  be  a  candidate,  for  any  office  whose 
nomination  paper  is  required  to  be  filed  in  his  office;  and  the  county  auditor 
of  each  county  shall  likewise  cause  to  be  printed  and  keep  on  hand  a  sufficient 
quantity  of  such  nomination  paper  blanks  and  furnish  the  same  on  applica- 
tion to  any  qualified  elector  in  his  county  desiripg  to  petition  for  the  nomina- 
tion of  any  candidate,  or  to  a  person  who  intends  to  be  a  candidate,  for  any 
office  whose  nomination  paper  is  required  to  be  filed  in  his  office. 


-6— 

Sec.  12.  Nominations  certified  to  county  auditor — notice  published.  At 
least  thirty  days  before  any  such  primary  election,  the  secretary  of  state  shall 
transmit  to  each  county  auditor  a  certified  list  containing  the  name  and  post- 
office  address  of  each  person  for  whom  a  nomination  paper  has  been  filed  in 
his  office,  in  accordance  with  the  provisions  of  section  ten  of  this  act  and  enti- 
tled to  be  voted  for  at  such  primary  election  by  the  voters  of  such  county, 
together  with  a  designation  of  the  office  for  -which  he  is  a  candidate,  and  the 
party  from  which  he  seeks  a  nomination.  Such  auditor  shall  forthwith  upon 
receipt  thereof,  publish,  under  the  proper  party  designation,  the  title  of  each 
office  to  be  filled,  the  names  and  addresses  of  all  persons  for  whom  proper 
nomination  papers  have  been  duly  filed,  both  in  his  own  office  and  in  the  office 
of  the  secretary  of  state,  giving  the  name  and  address  of  each,  the  date  of  the 
primary,  the  hours  during  which  the  polls  will  be  open,  and  that  the  primary 
will  be  held  in  the  regular  polling  place  in  each  precinct.  It  shall  be  the  duty 
of  the  said  auditor  to  publish  said  notice  once  each  week  for  two  consecutive 
weeks  prior  to  the  said  primary  election.  He  shall  also  forthwith  mail  four 
copies  of  such  notice  to  each  city,  town,  and  township  clerk  of  the  county, 
who  shall  immediately  post  three  of  said  copies  in  three  public  places  in  each 
precinct  of  his  township,  town  or  city,  designating  therein  the  location  of  the 
polling  booth  in  each  election  precinct.  Every  publication  required  in  this 
act  shall  be  made  in  at  least  two  and  not  to  exceed  four  newspapers  of  gen- 
eral circulation  in  such  county.  One  of  such  newspapers  shall  represent  the 
political  party  which  cast  the  largest  vote  in  such  county  at  the  last  pre- 
ceding general  election,  and  one  of  such  newspapers  shall  represent  the  politi- 
cal party  which  cast  the  next  largest  vote  in  such  county  at  said  gen- 
eral election.  In  any  case  where  the  publication  of  a  notice  can  not  be  made 
as  hereinbefore  required,  it  may  be  made  in  any  newspaper  having  a  general 
circulation  in  the  county  in  which  the  notice  is  required  to  be  published. 

Sec.  13.  Printing.  The  names  of  the  candidates  of  each  political  party  for 
nomination  for  the  several  offices  and  blank  spaces  for  delegates  to  the  county 
convention  and  for  party  committeemen  shall  be  printed  in  black  ink  on  sep- 
arate sheets  of  paper  uniform  in  color,  quality,  texture  and  size,  with  the  name 
of  the  political  party  printed  at  the  head  of  said  ballots,  which  ballots  shall 
be  prepared  by  the  county  auditor  in  the  same  manner  as  for  a  general  elec- 
tion. The  names  of  candidates  on  all  primary  election  ballots  shall  be 
arranged  alphabetically  according  to  surnames  for  each  office. 

Sec.  14.  Ballot — form.  The  official  primary  election  ballot  shall  be  pre- 
pared, arranged  and  printed  substantially  in  the  following  form: 

PRIMARY   ELECTION  BALLOT 

(Name  of  Party) 
of 

Township  or  Precinct, Ward,  City  or  Town 

of ,  County  of ,  State  of  Iowa. 

Primary  election  held  on  the day  of  June,  19 . . . 

FOR  UNITED  STATES  SENATOR. 

(Vote  for  one . ) 
r~)    William  K.  Brown 
□    J.  R.  Wayne 
D     


— 7— 

FOR  GOVERNOR. 

(Vote  for  one.) 

□  Howard  Collins 

□  William  Longley 

D    

(Followed  by  other  elective  state  and  district  officers  in  order.) 

FOR  COUNTY   AUDITOR. 

(Vote  for  one.) 

□  William  Strong 

□  Robert  Thompson 

D 

(Followed  by  other  elective  county  officers  in  order.) 

FOR  DELEGATES  TO  COUNTY  CONVENTION. 

(Vote  for  . . . . ) 

D  

D 

D  

D  

D  

FOR  TOWNSHIP   CLERK. 

(Vote  for  one.) 
D    John  H.  Black 

□  Joseph  Raymond 

D    

FOR  TOWNSHIP  TRUSTEES. 

(Vote  for  two.) 

□  Clarence  Foster 

□  William  Jones 
D    H.  S.  Wilson 

D     

(Followed  by  other  elective  township  officers  in  order.) 

FOR   PARTY   COMMITTEEMAN, 

(Vote  for  one.) 

D    

Sec.  15.  Sample  ballots.  The  county  auditor  of  each  county  shall,  at  least 
fifteen  days  preceding  the  primary  election,  cause  to  be  printed  sample  bal- 
lots of  each  political  party  and  the  words,  "SAMPLE  BALLOT"  shall  be 
printed  near  the  top  of  each  of  such  ballots  in  large  capital  letters,  and  imme- 
diately thereafter  shall  mail  one  of  such  sample  ballots  to  each  candidate  who 
is  entitled  to  have  his  name  printed  on  the  official  primary  ballot  of  any  party 


in  any  precinct  in  his  county  to  the  postoffice  address  of  such  candidate  as 
given  in  his  nomination  paper,  or  affidavit,  as  the  case  may  be,  filed  in  the 
auditor's  office,  or  as  certified  to  him  by  the  secretary  of  state,  and  one  to 
the  chairman  of  the  county  central  committee,  if  any,  of  each  political  party 
in  his  county  to  his  usual  postoffice  address  as  known  to  the  auditor,  or  as 
ascertained  by  him;  and  such  auditor  shall  correct  any  errors  and  omissions 
brought  to  his  knowledge  prior  to  the  printing  of  the  official  ballots. 

Sec.  16.  Supplies — poll  books.  All  necessary  election  supplies,  including 
poll  books  as  provided  by  law,  for  the  general  election,  together  with  a  suf- 
ficient number  of  official  primary  ballots  of  each  party,  shall  be  furnished  for 
the  primary  election  board  for  each  precinct  by  the  county  auditor,  and  such 
poll  books  shall  contain  blank  spaces  for  the  names  of  the  candidates  of  the 
several  parties  for  the  different  offices  to  be  written  in,  and  blank  spaces  for 
entering  by  the  clerks  the  names  of  the  electors  voting  at  said  primary  elec- 
tion ;  and  upon  the  pages  provided  for  entering  the  names  of  said  voters  there 
shall  be  ruled  spaces  for  the  listing  of  the  names  of  said  voters  and  for  the 
designation  of  the  party  ticket  voted  by  said  elector  in  manner  and  form 
substantially  as  follows : 


d 

Name 

•OS 

12 

3.2 

JS  0 

1" 

to 

IS 

1 

1 

James  Smith 

X 

X 

X 

2 

Tom  Jones 

3 

Dan  Brown 

4 

George  White 

X 

It  shall  be  the  duty  of  the  clerks  of  the  primary  election  when  entering 
the  name  of  a  voter  to  place  in  the  poll  books  a  cross  thus  (X)  in  the  column 
designating  the  party  ticket  which  was  given  to  said  voter  upon  his  applica- 
tion for  a  ticket. 

Sec.  17.  Ballots  counted — returns.  Upon  the  closing  of  the  polls  the 
clerks  and  judges  shall  immediately  open  the  ballot  box  and  proceed  to  take 
therefrom  the  ballots.  Said  officers  shall  count  the  number  of  ballots  cast 
for  each  party,  at  the  same  time  bunching  the  tickets  cast  for  each  party,  in 
separate  piles.  As  soon  as  the  clerks  and  judges  shall  have  sorted  the  ballots 
of  each  party,  separately,  they  shall  take  the  tally  sheets  provided  in  the  poll 
books  and  shall  count  all  the  ballots  for  each  party  separately  until  the  count 
is  completed,  and  shall  certify  to  the  number  of  votes  cast  for  each  candi- 
date for  each  office  upon  the  ticket  of  each  party.  After  all  have  been  counted 
and  certified  to  by  the  clerks  and  judges,  they  shall  seal  the  ballots  cast  by 
each  of  the  parties  in  separate  envelopes,  on  the  outside  of  which  shall  be 
printed  or  written  the  names  of  that  party's  candidates  for  the  different 
offices,  and  opposite  each  candidate's  name  shall  be  placed  the  number  of 
votes  cast  for  such  candidate  in  said  precinct,  and  then  seal  the  envelopes 
containing  the  votes  of  the  different  political  parties,  in  one  large  envelope,  on 
the  outside  of  which,  or  on  a  paper  attached  thereto,  shall  be  printed  or 
written,  in  perpendicular  columns,  the  names  of  the  several  political  parties 
with  the  names  of  the  candidates  for  the  different  offices  under  their  respective 
party  headings,  and  opposite  each  candidate's  name  shall  be  placed  the  num- 
ber of  votes  cast  for  such  candidate  in  said  precinct,  and  at  the  bottom  the 
total  vote  cast  by  each  political  party  in  said  precinct,  and  such  envelopes  shall 
be  returned  to  the  county  auditor,  who  shall  carefully  preserve  the  same  in 
said  condition  and  deliver  them  to  the  county  board  of  canvassers.  But  any 
elector  of  the  county  shall  have  the  right,  before  the  day  fixed  for  canvassing 


the  returns,  to  ascertain  the  vote  cast  for  any  candidate  in  any  precinct  in  the 
county,  as  shown  on  the  outside  of  the  large  envelope.  Said  judges  of  elec- 
tion shall  deliver  the  returns  so  made,  together  with  the  poll  books,  including 
tally  sheets  and  certificates  of  the  judges  and  clerks  written  thereon,  to  the 
county  auditor  within  twenty-four  hours  after  the  primary  election  has  closed ; 
and  if  the  returns  from  any  precinct  be  not  so  delivered  within  the  said  time, 
the  county  auditor  shall  forthwith  send  a  messenger  for  any  such  missing  re- 
turns, and  said  messenger  shall  be  paid,  as  provided  by  law,  for  the  general 
election, 

Sec.  18.  Recount  of  ballots.  Any  candidate,  whose  name  appears  upon  the 
official  primary  ballot  of  any  voting  precinct,  may  require  the  board  of  super- 
visors of  the  county  in  which  such  precinct  is  situated  to  recount  the  ballots 
cast  in  any  such  precinct,  at  the  time  fixed  for  canvassing  the  returns  of 
the  judges  of  election,  by  filing  with  the  county  auditor  not  later  than  the 
day  before  such  meeting,  a  showing,  duly  sworn  to  by  any  such  candidate,  that 
fraud  was  committed,  or  error  or  mistake  was  made,  in  counting  or  returning 
the  votes  cast  in  any  such  precinct.  The  showing  must  be  specific  and  from 
it  there  must  appear  reasonable  ground  to  believe  that  a  recount  of  the  bal- 
lots would  produce  a  result  different  from  the  returns  made  by  the  judges. 
If  such  showing  is  made  to  the  satisfaction  of  the  board,  thereupon  the  board 
shall  recount  the  ballots  cast  in  any  such  precinct,  as  to  all  candidates,  includ- 
ing persons  voted  for  for  delegates  and  party  committeemen,  and  make  up 
a  new  return  which  in  all  subsequent  proceedings  shall  be  substituted  for  the 
returns  of  the  judges  of  election  for  the  precinct.  The  action  of  the  board  shall 
be  final  and  no  other  contest  of  any  kind  shall  be  permitted.  If  a  recount  of 
the  ballots  of  any  precinct  produces  a  result  different  from  the  returns  of  the 
judges  with  respect  to  delegates  or,  party  committeeman,  the  county  auditor 
shall  make  or  correct  his  certified  list  thereof  to  the  chairmen  of  the  respective 
party  central  committees  for  the  county  accordingly.  The  term  "candidate" 
as  used  in  this  section  shall  include  and  apply  to  persons  voted  for  for  dele- 
gates and  party  committeeman. 

Sec.  19.  Canvass  by  board  of  supervisors — certificates.  On  Tuesday  next 
following  the  primary  election  in  June,  the  board  of  supervisors  shall  meet, 
open,  and  canvass  the  returns  from  each  voting  precinct  in  the  county,  and 
make  abstracts  thereof,  stating  in  words  written  at  length  the  number  of 
ballots  cast  in  the  county  by  each  political  party,  separately,  for  each  office,  the 
name  of  each  person  voted  for  and  the  number  of  votes  given  to  each  person 
for  each  different  office  and  shall  sign  and  certify  thereto  and  file  the  same 
with  the  county  auditor.  Such  canvass  and  certificate  shall  be  final  as  to  all 
candidates  for  nomination  to  any  elective  county  office  or  office  of  a  subdivision 
of  a  county;  and  the  candidate  or  candidates  of  each  political  party  for  each 
office  to  be  filled  by  the  voters  of  any  subdivision  of  a  county  having  received 
the  highest  number  of  votes  shall  be  duly  and  legally  nominated  as  the  candi- 
date of  his  party  for  such  office;  and  the  candidate  or  candidates  of  each 
political  party  for  each  office  to  be  filled  by  the  voters  of  a  county  having  re- 
ceived the  highest  number  of  votes,  and  not  less  than  thirty-five  per  centum  of 
all  the  votes  cast  by  the  party  for  such  office,  shall  be  duly  and  legally  nomi- 
nated as  the  candidate  of  his  party  for  such  office ;  and  each  candidate  so  nom- 
inated shall  be  entitled  to  have  his  name  printed  on  the  official  ballot  to  be 
voted  for  at  the  general  election  without  other  certificate,  and  the  board  shall 
prepare  and  certify  a  list  of  the  candidates  of  each  party  so  nominated,  sep- 
arately, and  deliver  to  the  chairman  of  each  party  central  committee  for  the 
county  a  copy  of  the  list  of  candidates  nominated  by  the  party  he  represents ; 
and  shall  also  prepare,  certify  and  deliver  to  such  chairman  a  list  of  the  offices 
to  be  filled  by  the  voters  of  a  county  for  which  no  candidate  of  his  party  was 
nominated,  together  with  the  names  of  the  candidates  for  each  of  such  offices 


—10— 

voted  for  at  the  primary  election  and  the  number  of  votes  received  by  each  of 
such  candidates. 

Sec.  20.  Abstracts  forwarded  to  secretary  of  state.  The  county  board  of 
canvassers  shall  also  make  a  separate  abstract  of  the  canvass  as  to  the  follow- 
ing offices  and  certify  to  the  same  and  forthwith  forward  it  to  the  secretary  of 
state,  viz. : 

United  States  senator, 

Electors  of  the  president  and  vice-president  of  the  United  States, 

All  state  offices, 

Representative  in  congress, 

Senators  and  representatives  in  the  general  assembly. 

Sec.  21,  County  returns  filed.  When  the  canvass  is  concluded,  the  board 
shall  deliver  the  original  returns  to  the  auditor,  who  shall  file  the  same  and 
record  each  of  the  abstracts  above  mentioned  in  the  election  book. 

Sec.  22.  Canvass  by  state  board — certificates.  On  the  second  Monday  after 
the  June  primary  election,  the  executive  council  shall  meet  as  a  canvassing 
board,  and  open  and  canvass  the  abstract  returns  received  from  each  county  in 
the  state.  If  returns  are  not  received  from  all  the  counties,  the  secretary  of 
state  shall  immediately  send  a  messenger  after  the  abstract  returns  and  the 
board  may  adjourn  from  day  to  day  until  they  are  received.  The  board  shall 
make  an  abstract  of  its  canvass,  stating  in  words  written  at  length,  the  number 
of  ballots  cast  by  each  political  party,  separately,  for  each  office  designated  in 
section  twenty  hereof,  the  names  of  all  the  persons  voted  for,  and  the  number 
of  votes  received  by  each  person  for  each  office,  and  shall  sign  and  certify  there- 
to. Such  canvass  and  certificates  shall  be  final  as  to  all  candidates  named 
therein ;  and  the  candidate  of  each  political  party  for  each  office  to  be  filled  by 
vote  of  the  people,  having  received  the  highest  number  of  votes  in  the  state  or 
district  of  the  state,  as  the  case  may  be,  provided  he  received  not  less  than 
thirty-five  per  centum  of  all  the  votes  cast  by  the  party  for  such  office,  shall  be 
duly  and  legally  nominated  as  the  candidate  of  his  party  for  such  office  and 
entitled  to  have  his  name  printed  on  the  official  ballot  to  be  voted  at  the  gen- 
eral election  without  other  certificate ;  and  the  board  shall  prepare  and  certify 
a  list  of  the  candidates  of  each  party  so  nominated,  separately,  and  deliver  to 
the  chairman  of  each  party  central  committee  for  the  state  a  copy  of  the  list 
of  candidates  nominated  by  the  party  he  represents;  and  shall  also  forthwith 
prepare  a  certificate  as  to  each  office,  separately,  for  which  no  candidate  was 
nominated,  together  with  the  names  of  the  several  candidates  for  each  of  such 
offices  voted  for  at  the  primary  election  and  the  number  of  votes  received  by 
each  of  such  candidates  and  send  such  certificate  to  the  chairman  of  the  party 
central  committee  for  the  state,  in  case  of  offices  to  be  filled  by  the  voters  of 
the  entire  state,  and  to  the  chairman  of  the  party  central  committee  for  a  dis- 
trict of  the  state,  if  known,  in  case  of  offices  to  be  filled  by  the  voters  of  any 
such  district  of  the  state  composed  of  more  than  one  county,  and  to  the  county 
auditor  of  each  county  in  any  such  district,  and  to  the  county  auditor  and 
the  chairman  of  the  party  central  committee  for  the  county,  in  case  any  such 
district  is  composed  of  one  county. 

Sec.  23.  State  returns  filed — nominations  certified  to  county  auditor. 
When  the  canvass  is  concluded,  the  board  shall  deliver  the  original  abstract 
returns  to  the  secretary  of  state,  who  shall  file  the  same  in  his  office  and  record 
the  abstracts  of  the  canvass  of  the  state  board  and  certificates  attached  thereto 
in  the  book  kept  by  him  known  as  the  election  book ;  and  not  less  than  fifteen 
days  before  the  general  election  he  shall  certify  to  the  auditor  of  each  county, 
under  separate  party  headings,  the  name  of  each  person  nominated  as  shown 
by  the  official  canvass  made  Ijy  the  executive  council,  or  as  certified  to  him  by 
the  proper  persons  when  any  person  has  been  nominated  by  a  convention,  his 
place  of  residence,  the  office  to  which  he  is  nominated,  and  the  order  in  which 


—li- 
the tickets  of  the  several  political  parties  shall  appear  on  the  official  ballot. 
Should  a  vacancy  in  the  nominations  occur  and  be  filled  after  such  certificate 
has  been  forwarded,  a  like  certificate  shall  at  once  be  made  and  sent  to  the 
proper  officer  together  with  a  statement  showing  the  reason  for  its  subsequent 
issue. 

Sec.  24.  Tie  vote — vacancies.  In  case  of  a  tie  vote  resulting  in  no  nomina- 
tion for  any  office,  or  election  of  delegates  or  party  committeeman,  the  tie  shall 
forthwith  be  determined  by  lot  by  the  board  of  canvassers,  or  judges  of  elec- 
tion, as  the  case  may  be.  Vacancies  occurring  after  the  holding  of  any  pri- 
mary election  occasioned  by  death,  withdrawal  or  change  of  residence  of  any 
candidate,  or  from  any  other  cause,  shall  be  filled  by  the  party  committee  for 
the  county,  district,  or  state,  as  j:he  case  may  be,  representing  the  party  in 
which  the  vacancy  nomination  occurs. 

Sec.  25.  County  convention — delegates — committeemen.  In  each  county 
there  shall  be  held  in  each  year  in  which  a  general  election  in  November  is  to 
take  place  a  county  convention  of  each  political  party.  Said  county  conven- 
tion shall  be  composed  of  delegates  elected  at  the  last  preceding  primary  elec- 
tion, and  shall  be  held  on  the  third  Saturday  following  the  primary  election, 
convening  at  11:00  o'clock  a.  m.  The  number  of  delegates  from  each  voting 
precinct  shall  be  determined  by  a  ratio  adopted  by  the  respective  party  county 
central  committees,  and  shall  be  thus  determined  and  a  statement  designating 
the  number  from  each  voting  precinct  in  the  county  filed  in  the  office  of  the 
county  auditor  at  least  thirty  days  before  the  primary  election ;  if  not  so  done, 
the  auditor  shall  fix  the  number.  The  requisite  number  of  names  of  candidates 
of  his  choice  for  delegates  to  the  county  convention  to  which  each  precinct  is 
entitled  shall  be  written,  or  pasted  with  uniform  white  pasters,  on  the  blank 
lines  upon  the  ballot  by  the  voter  while  in  the  booth,  or  by  some  one  designated 
by  a  voter  unable  to  write,  after  the  ballots  are  received  and  before  they  are 
deposited,  and  the  requisite  number  of  persons  from  each  precinct  who  receive 
the  highest  number  of  votes  shall  be  the  delegates  from  the  precinct  to  the 
county  convention.  One  member  of  the  county  central  committee  for  each 
political  party  from  each  precinct  shall  be  elected  in  the  same  manner  in 
which  delegates  are  selected.  His  term  of  office  shall  begin  on  the  day  of  the 
county  convention  and  immediately  following  the  adjournment  thereof  and 
shall  continue  for  two  years  and  until  his  successor  is  elected  and  qualified, 
unless  such  committeeman  shall  be  removed  by  the  county  central  committee 
for  inattention  to  the  duties  of  his  position,  incompetency  or  failure  to  support 
the  ticket  nominated  by  the  party  which  elected  him  to  such  position.  Returns 
shall  be  made  by  the  judges  of  election  respecting  delegates  and  members  of 
the  county  central  committee  in  the  same  manner  as  for  other  offices,  except 
that  the  judges  of  election  shall  canvass  the  returns  as  to  delegates  and  mem- 
bers of  the  county  central  committee,  and  certify  the  result  to  the  auditor  with 
the  returns.  The  auditor  shall,  immediately  after  such  returns  are  filed,  notify 
the  delegates  and  members  of  the  county  central  committee  who  have  thus 
been  elected,  of  their  election,  and  of  the  time  and  place  of  holding  the  county 
convention,  and  shall  on  the  second  Thursday  following  the  primary  election, 
deliver  a  certified  list  thereof  to  the  chairmen  of  the  respective  party  central 
committees  for  the  county.  When  the  delegates,  or  a  majority  thereof,  thus 
elected  shall  have  assembled  in  the  county  convention  at  the  time  herein  pre- 
scribed and  at  the  county  seat  the  convention  shall  be  called  to  order  by  the 
chairman  of  the  county  central  committee,  who  shall  present  the  certified  list 
of  delegates  and  members  of  the  county  central  committee,  and  a  list  of  the  of- 
fices for  which  no  nomination  was  made  at  the  primary  election.  If  any  pre- 
cinct shall  not  be  fully  represented  the  delegates  present  from  such  precinct 
shall  cast  the  full  vote  thereof,  but  there  shall  be  no  proxies.  The  said  coimty 
convention  shall  make  nominations  of  candidates  for  the  party  for  any  office 


—12— 

to  be  filled  by  the  voters  of  a  county  when  no  candidate  for  such  olfice  has 
been  nominated  at  the  preceding  primary  election,  as  shown  by  the  canvass  of 
the  returns  provided  for  in  section  19  of  this  act,  and  shall  nominate  candidates 
for  the  office  of  judge  of  the  district  court  in  counties  comprising  one  judicial 
district  of  the  state,  and  shall  select  delegates  to  the  next  ensuing  state  and 
district  conventions  of  that  year  upon  such  ratio  of  representation  as  may  be 
determined  by  the  party  organization  for  the  state,  district  or  districts  of  the 
state,  as  the  case  may  be,  but  no  delegates  shall  be  so  selected  to  any' of  the 
district  conventions  referred  to  in  section  26  of  this  act,  except  judicial  con- 
ventions, unless  a  call  therefor  has  been  issued  as  therein  provided.  The  said 
county  convention  shall  also  elect  a  member  of  the  party  central  committee  for 
the  senatorial,  judicial,  and  congressional  districts  composed  of  more  than  one 
county. 

Sec.  26.  District  convention.  In  any  senatorial,  judicial,  or  congressional 
district  composed  of  more  than  one  county,  in  any  year  in  which  a  senator  in 
the  General  Assembly,  a  judge  of  the  district  court,  or  a  representative  in  the 
congress  of  the  United  States,  is  to  be  elected,  a  senatorial  or  congressional 
convention  may  be  held,  and  a  judicial  convention  shall  be  held  by  each  politi- 
cal party  participating  in  the  primary  election  of  that  year.  Not  less  than  ten 
days  and  not  more  than  sixty  days  before  the  day  fixed  for  holding  the  county 
convention  a  call  for  such  senatorial,  judicial  and  congressional  convention 
to  be  held  shall  be  issued  by  the  party  central  committee  for  any  such  district 
and  published  in  at  least  one  newspaper  of  general  circulation  of  each  county 
composing  any  such  district  and  which  call  shall  state  among  other  things  the 
number  of  delegates  each  county  of  the  district  shall  be  entitled  to  and  the 
time  and  place  of  holding  the  convention.  Any  such  call  shall  be  signed  by 
the  chairman  of  the  party  central  committee  for  any  such  district,  and  be  filed 
by  him  with  the  county  auditor  not  less  than  five  days  before  the  county  con- 
vention and  the  county  auditor  shall  attach  a  true  copy  thereof  to  the  certified 
list  of  delegates  required  to  be  delivered  by  him  to  the  chairmen  of  the  respec- 
tive party  county  central  committees.  In  case  no  nomination  was  made  in  the 
primary  election  for  the  office  of  senator  in  the  General  Assembly  in  any  district 
composed  of  more  than  one  county,  or  for  the  office  of  representative  in  con- 
gress of  the  United  States,  as  shown  by  the  certificate  issued  by  the  state  board 
of  canvassers  provided  for  in  this  act,  then  in  any  such  district  the  chairman 
of  the  party  central  committee  therefor  shall  forthwith  issue  such  call  for  a 
convention  in  such  district  and  deliver  the  same  to  the  county  auditor  of  each 
county  in  the  district  and  in  such  case  said  call  need  not  be  published.  No 
such  district  convention  shall  be  held  earlier  than  the  first  Thursday  or  later 
than  the  fifth  Thursday  following  the  county  convention.  The  convention  when 
organized  shall  make  nominations  of  candidates  for  the  party  for  any  such  dis- 
trict office  when  no  candidate  for  such  office  has  been  nominated  at  the  preced- 
ing primary  election  as  shown  by  the  canvass  of  the  votes  provided  for  in  sec- 
tion twenty-two  hereof.  The  organization  of  and  procedure  in  any  such  dis- 
trict convention  shall  be  the  same  as  in  the  state  convention.  Such  district 
conventions  may  adopt  party  platforms  and  transact  such  other  business  as 
may  properly  be  brought  before  them. 

Sec.  27.  State  convention — state  central  committee.  A  state  convention 
of  each  political  party,  composed  of  delegates  chosen  in  the  manner  herein  pro- 
vided, shall  be  held  not  earlier  than  the  third  Thursday  and  not  later  than  the 
fifth  Thursday  following  the  primary  election  in  the  year  nineteen  hundred 
eight,  and  biennially  thereafter,  convening  at  such  time  and  place  as  may  be 
determined  upon  by  the  party  organization.  The  convention  shall  be  called  to 
order  by  the  chairman  of  the  state  central  committee,  who  shall  thereupon 
^/resent  the  list  of  delegates,  as  certified  by  the  various  county  conventions, 
and  effect  a  temporary  organization.    If  any  county  shall  not  be  fully  repre- 


—13— 

sented,  the  delegates  present  from  such  county  shall  cast  the  full  vote  thereof, 
but  there  shall  be  no  proxies.  Such  convention  when  permanently  organized 
shall  formulate  and  adopt  the  state  platform  of  the  party  it  represents,  and 
shall  make  nominations  of  candidates  for  the  party  for  any  state  office  to  be 
filled  by  the  voters  of  the  entire  state  when  no  candidate  for  such  office  has 
been  nominated  at  the  preceding  primary  election  as  shown  by  the  canvass  of 
the  returns  provided  for  in  section  twenty-two  hereof ;  and  shall  nominate  can- 
didates for  the  office  of  judge  of  the  supreme  court.  It  shall  also  elect  a  state 
central  committee  consisting  of  not  less  than  one  member  from  each  congres- 
sional district  and  transact  such  other  business  as  may  properly  be  brought 
before  it.  The  state  central  committee  elected  at  said  state  convention  may 
organize  at  pleasure  for  political  work  as  is  usual  and  customary  with  such 
committees  and  shall  continue  to  act  until  succeeded  by  another  committee  duly 
elected. 

Sec.  28.  Existing  party  committees.  The  regularly  organized  political 
committees  of  each  party  as  at  present  or  hereafter  constituted  may  continue 
to  act  until  supplanted  by  the  committees  elected  under  the  provisions  of  this 
act. 

Sec.  29.  Nomination  by  petition.  Nothing  contained  in  this  act  shall  be 
construed  so  as  to  prohibit  nomination  of  candidates  for  office  by  petition  as 
now  authorized  by  law ;  but  no  person  so  nominated  shall  be  permitted  to  use 
the  name  of  any  political  party  authorized  or  entitled  under  this  act  to  nomi- 
nate a  ticket  by  primary  vote  or  that  has  nominated  a  ticket  by  primary  vote 
under  the  provisions  of  this  act. 

Sec.  30.  Special  elections.  This  act  shall  not  apply  to  special  elections  to 
fill  vacancies. 

Sec.  31.  Misconduct  of  election  officials — penalty.  Any  party  committee- 
man or  any  primary  election  or  other  public  officer  upon  whom  a  duty  is  im- 
posed by  this  act  or  by  acts  herein  made  applicable  to  primary  elections,  who 
shall  wilfully  neglect  to  perform  any  such  duty,  or  who  shall  wilfully  perform 
it  in  such  a  way  as  to  hinder  the  objects  thereof,  or  shall  disclose  to  anyone, 
except  as  may  be  ordered  by  any  court  of  justice,  the  contents  of  any  ballot 
or  any  part  thereof,  as  to  the  manner  in  which  the  same  may  have  been  voted, 
shall  be  punished  by  a  fine  of  not  less  than  one  hundred  dollars  nor  more  than 
one  thousand  dollars^  or  by  imprisonment  in  the  penitentiary  not  to  exceed 
five  years,  or  by  both  such  fine  and  imprisonment. 

Sec.  32.  Services  for  hire — penalty.  Any  person  who  shall  agree  to  per- 
form any  services  in  the  interest  of  any  candidate  in  consideration  of  any 
money  or  other  valuable  thing,  or  who  shall  accept  any  money  or  other  valu- 
able thing  for  such  services  performed  in  the  interest  of  any  candidate,  or  any 
person  paying  or  offering  to  pay  or  giving  or  offering  to  give  money  or  other 
valuable  things  for  such  services,  shall  be  punished  by  a  fine  of  not  more  than 
three  hundred  dollars,  or  by  imprisonment  in  the  county  jail  not  exceeding 
ninety  days.  But  nothing  herein  shall  be  construed  to  prohibit  any  person 
from  making  contracts  in  good  faith  for  the  announcement  of  his  candidacy 
in  the  newspapers  and  for  securing  the  names  of  voters  required  to  file  pre- 
liminary nomination  papers  and  the  payment  of  any  reasonable  compensation 
for  such  services. 

Sec.  33.  Bribery — illegal  voting — penalty.  Any  person  offering  or  giving 
a  bribe,  either  in  money  or  other  consideration,  to  any  elector  for  the  purpose 
of  influencing  his  vote  at  any  primary  election,  or  any  elector  entitled  to  vote 
at  such  primary  election  receiving  aijd  accepting  such  bribe ;  any  person  mak- 
ing false  answer  to  any  of  the  provisions  of  this  act  relative  to  his  qualifications 
and  party  affiliations;  any  person  wilfully  voting  or  offering  to  vote  at  a  pri- 
mary election  who  has  not  been  a  resident  of  this  state  for  six  months  next 
preceding  said  primary  election ;  or  who,  at  the  primary  election  is  not  twen- 


—14— 

ty-one  years  of  age,  or  is  not  a  citizen  of  the  United  States;  or  knowing  him- 
self not  to  be  a  qualified  elector  of  such  precinct  where  he  offers  to  vote;  or 
any  person  violating  any  of  the  provisions  of  this  act,  or  of  any  provisions  of 
the  code  as  may  be  hereto  applied,  and  any  person  knowingly  procuring,  aiding 
or  abetting  such  violation,  shall  be  deemed  guilty  of  a  misdemeanor,  and,  upon 
conviction,  shall  be  fined  not  less  than  one  hundred  dollars  nor  more  than  five 
hundred  dollars,  or  be  imprisoned  in  the  county  jail  not  less  than  thirty  days 
nor  more  than  six  months. 

Sec.  34.  Repealed.  Chapter  forty  (40)  of  the  laws  of  the  Thirtieth  Gen- 
eral Assembly,  relating  to  primary  elections;  and  chapters  forty -five  (45)  and 
forty-six  (46)  of  the  laws  of  the  Thirty-first  General  Assembly,  relating  to 
primary  elections,  are  hereby  repealed. 

Sec.  35.  Primary  elections  in  certain  cities.  The  provisions  of  this  act 
shall,  so  far  as  applicable,  govern  the  nominations  of  candidates  by  political 
parties  for  all  offices  to  be  filled  by  a  direct  vote  of  the  people  in  cities  of  the 
first  class  and  cities  acting  under  a  special  charter  having  a  population  of  over 
fifteen  thousand,  except  all  such  special  charter  cities  and  cities  of  the  first 
class  as  have  by  vote  of  the  people  adopted  a  plan  of  municipal  government 
which  specifically  provides  for  a  non-partisan  primary  election.  The  duties 
devolving  upon  the  county  auditor,  by  the  foregoing  provisions  of  this  act, 
shall,  in  municipal  elections,  devolve  upon  the  city  auditor  and  the  duties  de- 
volving upon  the  board  of  supervisors  by  the  foregoing  provisions  of  this  act, 
devolve  upon  the  city  council  which  shall  meet  to  perform  said  duties  within 
two  days  next  following  the  primary  election.  The  date  of  the  municipal  pri- 
mary election  shall  be  the  last  Monday  in  February  of  each  year  in  which  a 
municipal  election  is  held  in  said  cities,  after  the  year  1907,  and  the  percentage 
of  voters  signing  petitions  required  for  printing  the  name  of  a  candidate  upon 
the  official  primary  ballot  shall  bo  the  same  as  is  required  of  a  candidate  for  a 
county  office  and  shall  be  based  upon  the  vote  cast  for  mayor  by  the  respective 
parties  in  the  preceding  city  election.  The  names  of  candidates  for  ward  al- 
dermen, for  city  precinct  committeemen  and  for  delegates  to  the  city  conven- 
tion, shall  not  be  printed  upon  the  official  primary  ballot  but  in  each  case  a 
blank  line  or  lines  shall  be  provided  therefor.  A  plurality  shall  nominate  the 
party  candidate  for  alderman  and  a  plurality  shall  elect  the  precinct  commit- 
teemen and  delegates  to  the  city  convention.  The  entire  expense  of  conducting 
a  primary  election  provided  for  in  this  section  shall  be  audited  by  the  city 
council  and  paid  by  the  city.  This  section  shall  not  be  held  to  repeal  any  law 
which  provides  for  the  adoption  of  a  plan  of  municipal  government  by  vote  of 
the  people  and  which  embraces  a  non-partisan  primary  election. 

Approved  April  4,  A.  D.  1907. 


-15— 


ELECTION  EXPENSE  LAW 


Chapter  50,  Acts  of  the  Thirty-second  General  Assembly. 

ELECTION  EXPENSES. 

H.  P.  477. 

AN  ACT  to  amend  title  six  (VI),  chapter  three  (3)  of  the  code,  relating  to  elections. 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Iowa: 

Section  1.  Amended.  That  title  six  (6),  chapter  three  (3)  of  the  code 
be  and  the  same  is  hereby  amended  by  adding  the  following  sections  thereto : 

Sec.  2.  Candidates  to  make  sworn  statement  of  election  expenses — where 
filed.  Every  candidate  for  any  office  to  be  voted  for  at  any  primary,  muni- 
cipal or  general  election  shall,  within  ten  days  after  the  holding  of  such  pri- 
mary, municipal  or  general  election,  file  a  true,  correct,  detailed,  sworn  state- 
ment showing  each  and  all  sums  of  money  or  other  things  of  value  disbursed, 
expended  or  promised  directly  or  indirectly  by  him,  and  to  the  best  of  his 
knowledge  and  belief  by  any  other  person  or  persons  in  his  behalf  for  the 
purpose  of  aiding  or  securing  his  nomination  or  election.  If  the  person  be  a 
candidate  for  a  municipal  or  a  county  office,  such  statement  shall  be  filed  with 
the  county  auditor;  if  for  a  state  office,  or  any  other  office  to  be  voted  for  by 
the  electors  of  more  than  one  county,  such  statement  shall  be  filed  with  the 
secretary  of  state.  Such  statement  shall  show  the  dates,  amounts,  and  from 
whom  such  sums  of  money  or  other  things  of  value  were  received;  and  the 
dates,  amounts,  purposes  and  to  whom  paid  or  disbursed,  and  shall  include 
the  assessment  of  any  person,  committee,  or  organization  in  charge  of  the  cam- 
paign of  such  candidate. 

Sec.  3.  Testimony — immunity  from  prosecution.  In  prosecutions  under 
this  act,  no  witness  shall  be  excused  from  giving  testimony  on  the  ground  that 
his  testimony  would  tend  to  render  him  criminally  liable  or  expose  him  to 
public  ignominy,  but  any  matter  so  elicited  shall  not  be  used  against  him,  and 
said  witness  shall  not  be  prosecuted  for  any  crime  connected  with  or  growing 
out  of  the  act  on  which  the  prosecution  is  based  in  the  cause  in  which  his 
evidence  is  used  for  the  state,  under  the  provisions  of  this  section. 

Sec.  4.  Statements  by  committee  chairmen.  The  chairman  of  each  party 
central  committee  for  the  state,  district  or  county,  shall  file  a  statement  of  re- 
ceipts and  expenditures  within  ten  days  after  the  general  election.  The  chair- 
men of  state  and  district  central  committees  shall  file  said  statements  with  the 
secretary  of  state;  and  the  chairmen  of  county  central  committees,  with 
the  county  auditor.  Such  statements  shall  contain  all  the  information  re- 
quired to  be  filed  by  candidates  as  set  forth  in  section  two  (2)  of  this  act,  and 
in  addition  thereto  shall  state  the  amounts  or  balances  remaining  on  hand. 
The  person  filing  the  same  shall  make  oath  that  it  is  a  full,  true  and  correct 
statement. 

Sec.  5.  Statements  open  to  public  inspection.  The  statements  provided 
for  in  this  act  shall  be  open  at  all  times  to  the  inspection  of  the  public,  and 
remain  on  file  and  become  a  part  of  the  permanent  records  in  the  office  where 
filed. 

Sec.  6.  Treating  near  the  polls.  It  shall  be  the  duty  of  the  judges  and 
clerks  of  all  municipal,  general  and  primary  elections  to  prohibit  the  placing, 
keeping,  and  giving  to  the  voters,  by  any  person  of  any  cigars,  food  or  other 
refreshments  or  treats,  in  or  about  the  polling  place. 


—16— 

Sec.  7.  Penalty.  Any  person  violating  any  of  the  provisions  of  the  last 
five  preceding  sections  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof  shall  be  punished  by  a  fine  of  not  less  than  fifty  dollars 
($50)  nor  more  than  three  hundred  dollars  ($300),  or  by  imprisonment  in 
the  county  jail  not  less  than  thirty  (30)  days  nor  more  than  six  (6)  months. 

Approved  April  13,  A.  D.  1907. 


i:_„    orp    sub] 


50Tn-7,*16 


